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Where to Find Cap Exempt H-1B Employers?

By Bill at April 14, 2015 01:17
Filed Under: Tips and Features, Visa Knowledge

USCIS has reached the congressionally mandated H-1B cap for fiscal year 2016 on April 7. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. 

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2015 and 2016 petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.

Based on above cap exempt criteria, myvisajobs.com has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions. 



Why employers can still file new petitions for H-1B Visa?

By Bill at May 21, 2013 02:21
Filed Under: Immigration News, Tips and Features, Visa Knowledge

The H-1B visa program limits the number of cap-subject petitions to 85,000 each fiscal year. However, why thousands of new LCA petitions for H-1B visa could still be filed after the cap was reached? Why over 300,000 LCA petitions were filed each fiscal year? 

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap also do not count toward the cap. Accordingly, USCIS will continue to process FY 2013 and FY 2014 petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.

Based on above cap exempt criteria, myvisajobs.com has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions. 


 

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